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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10225
Experience:  I have been practising for 30 years.
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hi, my grandmother passed away nearly 2 years ago, my

Customer Question

hi, my grandmother passed away nearly 2 years ago, my aunti who is her next of keen and the oldest had an argument with all the family over her money and gold and now refuses to put grave (the stone)on the grave. her other 3 children want to put the grave on but because she is her next of keen we have been told that we cant do this unless she agrees. is that right and is there anything you could advice me please ?

Submitted: 3 years ago.
Category: Law
Expert:  F E Smith replied 3 years ago.

Who has the title deeds to the grave?

Did your grandmother leave a will?

If so, who is the executor?

If not, who applied for probate if probate was needed?

Customer: replied 3 years ago.

my aunt has the title deeds of the grave .

there is no will and because she didn't know an English at all she just signed the next of keen as my aunti at the time,

but my question is can she stop us from putting the stone of the grave on it? is there anything we need to do? shes in Eastbourne graveyard (uk).


Expert:  F E Smith replied 3 years ago.

If your aunt has the title deeds to the grave, she has ownership of it and she is entitled to stop anyone putting anything on it which she does not want.

It may seem grossly unfair that she is allowed to do that and I would not disagree with you, however that is the situation.

Unfortunately, what you have already been told is correct.

Does that answer your question?

Customer: replied 3 years ago.

not really, I knew that's the answer but I wanted to know what else I can do?

who can I get help from ?

there must be a way for this as what she is sayong is non sense!

Expert:  F E Smith replied 3 years ago.

It actually isn't nonsense, it is the legal situation because she owns the grave plot.

You could all go ahead and simply put the gravestone on anyway and she would then be faced with sueing you all in trespass. The more review act in this against her, the less it will cost you and the more she will be risking. Your costs will obviously be divided between you all.

If you put the stone up and she subsequently removes it you can report her to the police for committing criminal damage.

You can make a court application to compel her to allow you all to put a stone up but there is no guarantee that the action would be successful and if she successfully defends it, you could get substantial court costs awarded against you. If you all deal with this together, those court costs would be divided between you so could be diluted.